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Code Compliancy Dispelling the Myths. Code Compliancy - Dispelling the Myths. Australian Building and Construction Commissioner Neale Smith & Kelvin Mooney.

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Code Compliancy Dispelling the Myths


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Code Compliancy - Dispelling the Myths

Australian Building and Construction CommissionerNeale Smith & Kelvin Mooney


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National Code ComplianceKelvin Mooney Neale Smith Code Compliance Investigator Team Leader National Code



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Further information to achieve Code Compliance. Kelvin Neale0434 654 962 0434 567 795

For more detailed information and advice visit

www.abcc.gov.au

OR

contact the ABCC hotline on

1800 003 338


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Code Compliancy - Dispelling the Myths to achieve Code Compliance.

Wilson Ryan and Gross LawyersBen Keenan


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7 to achieve Code Compliance.


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Obtaining Code Compliance Certification for Industrial ArrangementsBenjamin KeenanWorkplace Relations Practitionerwilson/ryan/grose Lawyers

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Obtaining Certification Arrangements

The Assessment Process

Identify the applicable industrial instrument for your business.

Complete the online lodgement procedure to request an assessment from the Department of Education, Employment and Workplace Relations (“DEEWR”):

www.deewr.gov.au/WorkplaceRelations/Policies/BuildingandConstruction/CodeAssessmentOnline/Pages/Home.aspx

Retain correspondence from DEEWR as evidence. Industrial arrangements are Code Compliant.

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Ensuring Common Law Agreements are Code Compliant Guidelines?

“Objectionable” clauses that offend/breach the guidelines:

Clauses that can result in an unpredictable variation in the Contractor’s base wage costs (e.g. Right of casual employees to elect to become part-time or full-time after six (6) months); and

2. Clauses that mandate/promote union membership or involvement in the workplace.

Legacy of the “WorkChoices” era in which the Howard Government sought to limit employee entitlements and the impact of unions on the cost of doing business.

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Ensuring Common Law Agreements are Code Compliant Guidelines?

All Contractors, whether an incorporated company, partnership, trust or sole trader, now come under the Fair Work Act 2009 (The Act) and the Modern Awards.

Vast majority of employees in construction industry will be covered by either a Modern Award or Registered Collective/Enterprise Agreement.

If Common Law Agreement acknowledges the jurisdiction of an applicable Modern Award or Registered Agreement and does not include any “objectionable” clauses, should obtain Code Compliant status.

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  • Individual Flexibility Agreements Guidelines?

  • Many employers who are subject to a Modern Award wish to pay their employees a flat hourly rate inclusive of all Award entitlements such as allowances, penalty rates, leave loading, etc.

  • Only two (2) classes of Agreement can lawfully perform this function:

  • Registered Collective/Enterprise Agreements; and

  • Individual Flexibility Agreements.

  • Continued..

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  • Individual Flexibility Agreements Guidelines?

  • A specific class of Common Law Agreement created by the Modern Awards.

  • Allows employers to alter/amend the application of any clause in a Modern Award or Registered Agreement that deals with:

  • Arrangements about when work is to be performed;

  • Over-time rates;

  • Penalty rates;

  • Allowances; and

  • Leave loading.

  • An Individual Flexibility Agreement must identify each clause of the applicable Modern Award/Registered Agreement being amended, how it is being amended and why this will result in the employee being left better off overall than if they were employed solely in accordance with the Modern Award/Registered Agreement.

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Record of Compliance Guidelines?

Response from DEEWR will either confirm the Industrial Arrangements are Code Compliant or identify those clauses of the instrument that are non-compliant.

Subject to limitations in the Act, instruments that fail to achieve compliance can be amended to delete the non-compliant clauses and be resubmitted for assessment.

Letter from DEEWR confirming instrument is compliant is all the evidence you should require.

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16 Guidelines?


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  • Completing the Assessment Process Guidelines?

  • Online lodgement requires:

  • Basic detail of business (i.e. the ABN, trading name, etc); and

  • 2. Copy of any Agreement to be assessed for uploading with application.

  • Can assist contractors to complete this process for a fee of $300 plus GST.

  • Any questions, please contact:

  • Mrs Michelle Morton, Accredited Workplace Relations Specialist; 07 4760 0100; or

  • Mr Ben Keenan, Workplace Relations Practitioner; 07 4760 0133.

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Code Compliancy - Dispelling the Myths Guidelines?

Integrated HR SolutionsMike Smith


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The National Code and OHS&R Guidelines?

Code Compliancy - Dispelling the Myths Seminar

20 Oct 2010 Cairns

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Welcome & Introduction Guidelines?

Michael Smith

Integrated HR Solutions

2


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Disclaimer Guidelines?

This presentation is intended to provide general information only and does not constitute legal advice.

Whilst every effort has been taken in preparing this presentation, no responsibility is accepted by the author for the accuracy of the information contained therein, and all liability is expressly disclaimed for any damage which may arise from any person acting on any statement or information contained herein.

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IntegratedHRSolutions


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Session Outline Guidelines?

  • National Code

  • Implementation Guidelines

  • OHS Accreditation Scheme

  • OHS Management Systems

4

IntegratedHRSolutions


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National Code of Practice for the Construction Industry 1997 states:

“OHS&R obligations must be actively addressed by all industry participants. Unequivocal commitment to OHS&R management must be demonstrated in systems that address responsibilities, policies, procedures and performance standards to be met by all parties involved in a project and are directly linked to quality OHS&R outcomes.”

The National Code and OHS&R

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IntegratedHRSolutions


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Establish a comprehensive site specific OHS&R management plan that includes:

management commitment

employee involvement

work practices analysis

roles and responsibilities

defines procedures

hazard identification, prevention and control

induction and task training

rehabilitation

record keeping

Implementation Guidelines (s6.10.1, s6.10.2)

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IntegratedHRSolutions


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The OHS&R management system must be: plan that includes:

fully documented

clearly communicated

defines roles, duties and responsibilities

improving OHS&R performance:

prevention rather than correction

proactive measures

“the way we do things around here” (our safety culture)

Building & Construction OHS Accreditation Scheme:

administered by Federal Safety Commissioner

Building & Construction Industry Improvement Act 2005

Implementation Guidelines (s6.10.3, 6.10.4, 6.10.5)

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IntegratedHRSolutions


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Australian Government Building & Construction plan that includes:

Accreditation Scheme:

designed to improve industry OHS&R performance

fosters culture of safe work (as well as on budget and on time work)

prerequisite of OHSMS certified to AS/NZS 4801

only accredited head contractors can enter into contracts for building work that is funded directly or indirectly with the Australian Govt (subject to thresholds)

head contractors must demonstrate effective sub contractor OHS&R management

Accreditation Scheme

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IntegratedHRSolutions


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The Scheme only applies to head contractors, however, head contractors must demonstrate effective sub contractor OHS&R management.

This includes:

engagement and supervision of subcontractors as if they were employees, and

consultation and communication regarding OHS

Effective subcontractor OHS management is the degree to which subcontractor OHS management arrangements are demonstrated across building and construction projects.

Accreditation Scheme

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IntegratedHRSolutions


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Implement a Safety Management Plan that includes: contractors must demonstrate

a review of the work that is to be performed

hazard identification, risk assessment & control procedures

how legal & other relevant OHS&R requirements are met

provision for tender / contract documentation to include OHS requirements

Safety Management Plan

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IntegratedHRSolutions


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Define roles & responsibilities for OHS&R that includes: contractors must demonstrate

documentation of specific OHS&R tasks & duties for all workers (use of job descriptions / duty statements)

determine responsibility for implementing and maintaining the Safety Management Plan

communication of OHS&R responsibilities to all workers

Responsibilities & Resources

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IntegratedHRSolutions


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Perform Site Inductions that include: contractors must demonstrate

instruction in site specific safety rules & emergency procedures

minimum induction requirements have been met prior to work commencing

checks are performed prior to work commencing to ensure appropriate licensing of workers

Site Inductions

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IntegratedHRSolutions


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Undertake communication & consultation activities that includes:

regular toolbox and pre-start meetings are held to communicate and discuss OHS&R issues

all consultation and communication is recorded

site notice board or safety bulletins are used as a regular source of OHS information

Communication & Consultation

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IntegratedHRSolutions


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Provide training and education (additional to induction) that includes:

safety awareness

relevant parts of the Safety Management Plan

tasks / work activity

specific roles and responsibilities

assessment of employee competencies for their tasks

regular review & update of competencies/qualifications

maintain records of training and competencies

Training & Competency

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IntegratedHRSolutions


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Undertake risk management activities that are documented in a procedure for hazard identification, risk assessment and control, and workers are trained in its use. This includes:

procedure for JSA’s and SWMS

SWMS are completed and signed prior to work commencing

SWMS are regularly reviewed and updated in consultation with workers

Risk Management

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IntegratedHRSolutions


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Implement proactive management of workplace injury and injured workers’ rehabilitation and return to work that includes:

return to work policy

responsibility for the program is assigned

return to work education

injury reporting

employer & injured worker participation

suitable duties programs

appropriate case records management

Injury Management & Rehabilitation

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IntegratedHRSolutions


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Conduct OHS&R inspections & audits that include: injured workers’ rehabilitation and return to work that includes:

a procedure is documented to regularly inspect facilities, plant, substances etc.

a formal inspection and audit schedule is in place

all workplace participants are involved in the inspection process

corrective actions developed in consultation with workers and documented in SWMS

Inspections & Audits

17

IntegratedHRSolutions


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Establish a system of document management for OHS&R documents and records that includes:

a regular review of documents to remove out of date information

documents contain dates and version numbers

documents are filed and accessible

documents are retained (minimum 7 years)

Document Control

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IntegratedHRSolutions


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Summary documents and records that includes:

In this presentation we have discussed:

  • the Code and Guidelines

  • the OHS Accreditation Scheme

  • the requirements of an OHSMS

  • “The reason an enterprise sets out to achieve Best Practice is that it simply makes good business sense.” Towards Best Practice Guidelines APCC 1999

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Code Compliancy - Dispelling the Myths documents and records that includes:

Hansen YunckenTracey Steinhardt & Ray Gibson


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National Code Compliance – Dispelling the Myths documents and records that includes:

Head Contractor Experience

Presenters:

Tracy Steinhardt – Project Administrator

Ray Gibson – Senior Project Manager


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Head Contractor Experience documents and records that includes:

Introduction

  • Hansen Yuncken – established in Cairns since 2007

  • one of Australia's largest privately owned construction companies, recently completing the Cairns Airport redevelopment project

  • James Cook University School of Dentistry, 2006 Guidelines

  • improvements to NCOP since then

    • workplace agreements - reflects Fair Work Act

    • improvements with regard to minor purchases

  • benefits implementing guidelines

    • achieves a high standard in OH&S, tendering, management

    • quality systems - all working to same guidelines

    • improved profit due to better management

    • no lost time due to industrial action


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Head Contractor Experience documents and records that includes:

Requirement of Subcontractors to Head Contractor (Paperwork)

With Tender

  • DEEWR letter (workplace arrangements comply)

  • ‘Undertaking/Declaration of Compliance’ (commitment to comply) *

  • ‘National Code Compliance Checklist’ (commitment to comply)

    Post Tender

  • Statutory Declaration with each progress claim (that confirms continuing compliance with NCOP, payment of subcontractors / suppliers / employees)

  • signed subcontract agreement incorporating NCOP

  • Safe Work Method Statements that comply with Hansen Yuncken and Federal Safety Commission requirements *


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Head Contractor Experience documents and records that includes:

Requirement of Subcontractors NCOP (Further Action)

  • site conduct – freedom of association / no unduly influence

  • ensure subcontractors & suppliers comply *

  • continuing compliance with guidelines

  • ensure subcontractors / suppliers / employees are paid before making progress claims (as declared in your Statutory Declaration)


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Head Contractor Experience documents and records that includes:

Challenges Overcome

  • achieving compliance of Work Method Statements under Federal Safety Commission requirements:

    • site specific

    • confusion of hazards with risks

    • step by step outline of safe steps involved in work

    • concise / brief

    • existing trade knowledge – not an assumption

  • not only the DEEWR letter

  • continuing compliance with guidelines

  • ensuring subcontractors / suppliers / employees are paid before making progress claims

  • ensuring subcontractors / suppliers comply with NCOP


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Head Contractor Experience documents and records that includes:

What Needs to Happen

  • suppliers and subcontractors to formalise their Workplace Agreements and submit to DEEWR for compliance

  • complete and submit letter & undertaking/declaration with tenders (even if it not requested)

  • continue to comply and ensure your subcontractors/suppliers comply

    Benefits of This

  • ability of subcontractors / suppliers to tender on more projects

  • improved management of projects

    Questions ?


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Code Compliancy - Dispelling the Myths documents and records that includes:

TCS ConstructionDawson Wilkie


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Code Compliancy - Dispelling the Myths documents and records that includes:

Building Industry Online Tanya Stainton


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Building Industry Online documents and records that includes:

Web Portal

Connecting the Construction Industry

BIO delivers an online

  • Networking

  • Project Management

  • Communication Solution

    www.buildingindustryonline.com.au


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Building Industry Online documents and records that includes:

Benefits to Builders

  • Easy access to both your private profile members and BIO’s open market members who are registered code compliant subcontractors for projects subject to the National Code of Practice.

  • Simplifies contractual obligations – Builder is always in control.

  • BIO membership includes unlimited projects with unlimited document upload.

  • Inbuilt notification / correspondence system makes managing projects through tender and live construction (addendum’s, changes and updates ) – quick and easy.


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Building Industry Online documents and records that includes:

Benefits for the Subcontractor / Supplier

  • Links your full profile directly to Builders working on National Code and other Domestic, Commercial and Government projects.

  • Ensures that builders have access to all the detail they need - contract compliance documentation can be held on file.

  • Allows you easy access to project documentation that can be downloaded - all at once, by folder group or through individual selection.

  • Links you directly to the BIO Printers in your chosen regions. Substantial savings on offer for BIO Member print requests.

    Cairns Region – Copy Shop Business Center - A1 - $1.55. normal price $ 2.20.


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Building Industry Online documents and records that includes:

Building Industry online

  • Projects are linked to members by regional location.

  • Code Compliance Filters connects you directly to members who have registered as having this certification.


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Building Industry Online documents and records that includes:


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Building Industry Online documents and records that includes:

  • Profile has detail of DEEWR reference number

  • A copy of their Code Compliance certification

  • Additional Contract Compliance information.


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Building Industry Online documents and records that includes:

Builders choose who they wish to link too.

BIO provides a system to send invitation to Tender Letters as well as specific project guidelines to chosen team members.


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Building Industry Online documents and records that includes:

  • Projects can be left “open” to receive expression of interest.

  • Builder can view a members profile before clicking “allow” – to give access to documentation.


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Building Industry Online documents and records that includes:

Questions?

BIO connects 4000 industry members across Queensland and is expanding on National Level in 2011.

www.buildingindustryonline.com.au


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